HomeMy WebLinkAboutCRA-R-09-0018 Cover MemoSEOPW & Omni Boards of Commissioners Meeting
March 30, 2009
SOUTHEAST OVERTOWN/PARK WEST Item # 4
AND OMNI
COMMUNITY REDEVELOPMENT AGENCIES
INTER -OFFICE MEMORANDUM
To: Board Chair Michelle Spence -Jones Date: March 20, 2009 File: 09-00052
and Members of the CRA Board
From: James H. Villacortp-1,J
Executive Director%
Subject: Resolution Authorizing Partial Settlement of
the Reverter Litigation and Accepting
Conveyance.
References:
Enclosures: Supporting Documentation; Legislation
BACKGROUND:
It is recommended that the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency ("CRA") approve and adopt the attached Resolution authorizing a partial settlement in
the case of City of Miami and Southeast Overtown/Park West Community Redevelopment Agency v. Miami -
Dade County, Case No. 07-46851 CA 31, in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -
Dade County, Florida ("reverter litigation"). The partial settlement removes certain property from the litigation
and conveys it to The Black Archives, History and Research Foundation of South Florida, Inc. ("Black Archives")
for the expansion of the Lyric Theater. The Resolution further authorizes execution of an agreement with the
Black Archives, conveying an additional 11-foot wide section of the Lyric Plaza for the expansion of the Lyric
Theater. The Resolution accepts conveyance of certain parcels from the Black Archives to the CRA for the
preservation of the Lyric Plaza.
On October 29, 2007, the Black Archives appeared before the Board of Commissioners requesting conveyance
of a forty -foot wide section of Block 36 ("40-foot parcel") to facilitate the expansion of the Lyric Theater at 819-29
N.W. 2nd Avenue, Miami, Florida. Before the CRA could convey the Property, Miami -Dade County ("County")
reverted title to Blocks 36, 45 and 56. The City of Miami ("City") and the CRA instituted the reverter litigation,
seeking declaratory and injunctive relief on the basis that the County had wrongfully reverted title.
In light of the reverter litigation, on June 30, 2008, the Black Archives requested that the Board of
Commissionersnauthorize conveyance of property on the Lyric Plaza immediately north of the Theater at 831
N.W. 2 Avenue, Miami, Florida ("Plaza Parcel"), to facilitate alternate plans for expansion. The Board directed
the Executive Director to issue a Request for Proposals for the conveyance of the Plaza Parcel, with a
prohibition on construction on the southernmost 15 feet of the Plaza Parcel, and further directed the
commencement of negotiations with the County to release the original 40-foot parcel from the reverter litigation.
The County, the City, and the CRA have proposed a release of the 40-foot parcel from the reverter litigation,
thereby allowing conveyance of said Property to the Black Archives. Moreover, the CRA has proposed to
transfer certain additional property to the Black Archives to facilitate the expansion of the Lyric Theater. In
exchange for the CRA's participation in the release of the Property and the conveyance of additional property,
the Black Archives has agreed to convey to the CRA certain parcels needed to preserve the Lyric Plaza.
JUSTIFICATION:
Section IV.M., paragraph 1(b), at page 96, of the Redevelopment Plan recommends the preservation of the
Lyric Theater. Further, Section IV.D., paragraph 1(a), at page 31, of the Redevelopment Plan lists
"'[d]evelop(ing] a community plaza on the SE corner of NW 2`id Avenue and 9th Street" as a recommended action.
This Resolution carries out these recommendations of the Redevelopment Plan.